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ABI Journal

Rochellel's Daily Wire

June 12, 2024

A Chapter 7 Case Raises Issues in Truck Insurance on Standing in Bankruptcy Cases

Judge Mastando in New York decided that a chapter 7 trustee has authority to put the debtor’s subsidiary voluntarily into bankruptcy.

2nd Circuit, New York, New York Southern District

May 08, 2024

MOAC Again: No Remedy for the Landlord Despite Beating Sears in the Supreme Court

On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.

2nd Circuit, New York, New York Southern District

May 03, 2024

District Court Narrowly Reads a Nondebtor Release in a Sale-Approval Order

A potential bidder wasn’t barred from suing the successful bidder outside of bankruptcy court.

2nd Circuit, New York, New York Southern District

May 02, 2024

District Court Orders Arbitration of All Noncore Claims, Reversing the Bankruptcy Court

Absent ‘concerns peculiar to bankruptcy’ when there is an arbitration clause, the district court followed Henry Schein by saying that the bankruptcy court should have allowed arbitrators to decide which claims are arbitrable, or not.

2nd Circuit, New York, New York Southern District

April 25, 2024

New York Judge Rejects a ‘Lockup’ Long Before a Plan Is Negotiated

New York’s Judge Martin Glenn disapproved a lockup agreement masquerading as a plan-support agreement that required the creditor to vote for any plan the debtor might propose.

2nd Circuit, New York, New York Southern District

April 22, 2024

Lawyer Hit with $47,000 in Sanctions for Filing Fictitious Schedules

A lawyer was found to have committed fraud on the court for filing schedules claiming ownership of property that another court had found not to be the debtor’s property.

2nd Circuit, New York, New York Southern District

April 15, 2024

District Court Upholds the ‘Time Approach’ to Reduce Landlords’ Claims

Across the board, the district court affirmed a decision by Bankruptcy Judge Michael Wiles that minimized landlords’ claims resulting from lease termination or rejection.

2nd Circuit, New York, New York Southern District

April 01, 2024

A False Certificate of Payment (Temporarily) Barred a Landlord from Evicting

New York’s Judge David Jones explored the intricacies of Section 322(b)(22)’s bar to using bankruptcy to halt eviction.

2nd Circuit, New York, New York Southern District

March 26, 2024

Nonconsensual, Nondebtor Releases Prohibited by a District Court in a Subchapter V Case

A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.

2nd Circuit, New York, New York Southern District

March 13, 2024

Mainland Chinese Company Wins Foreign Main Chapter 15 Recognition in New York

With no opposition, a mainland Chinese company with an approved arrangement in Hong Kong might win foreign main recognition in the U.S.

2nd Circuit, New York, New York Southern District